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Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
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Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
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5/13/2021 3:20:20 PM
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BOCC
Date
5/18/2021
Meeting Type
Business
Document Type
Agenda
Agenda Item
8-e
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OTHER-2021-021 Deed of Trust and Security Agreement
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Path:
\Board of County Commissioners\Various Documents\2020 - 2029\2021
OTHER-2021-022 Trust Agreement
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\Board of County Commissioners\Various Documents\2020 - 2029\2021
OTHER-2021-023 Escrow Agreement
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\Board of County Commissioners\Various Documents\2020 - 2029\2021
OTHER-2021-024 Lease Modification
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\Board of County Commissioners\Various Documents\2020 - 2029\2021
OTHER-2021-025 Orange County, NC Limited Obligation Bonds
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\Board of County Commissioners\Various Documents\2020 - 2029\2021
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47 <br /> after the beginning of any Fiscal Year, then the County will send notice of this failure <br /> to the Trustee and the LGC within an additional ten days. <br /> (iii) If at any time the County amends the annual budget to reduce the <br /> amounts appropriated for Bond Payments and Additional Payments below the <br /> amounts expected to be required for the remainder of that Fiscal Year, then the <br /> County will send notice of this amendment to the Trustee and the LGC within ten <br /> days after the amendment. <br /> (iv) The County must also post a copy of any notice sent to the LGC under <br /> this Section with respect to the Bonds on the EMMA System as an event described in <br /> Section 6.03(c)(2). <br /> Section 4.03. Deed of Trust. Coincidentally with the <br /> execution and delivery of this Agreement, the County is executing and delivering the <br /> Deed of Trust. The Deed of Trust secures the County's obligations to each of the <br /> Owners, on parity with one another. <br /> Section 4.04. Money in funds and accounts. The County grants <br /> a security interest, to the Trustee for the benefit of the Owners, in all the funds and <br /> accounts held under this Agreement to secure the County's obligations under the <br /> Bonds and otherwise under this Agreement. This security interest secures the <br /> County's obligations to each of the Owners, on parity with one another. <br /> Section 4.05. Limited obligation. The Bonds are payable solely from <br /> the amounts paid by the County to the Trustee for the Bond Payments, as, when and <br /> if received by the Trustee, except to the extent payable from the proceeds of the <br /> Bonds, income from investments, Net Proceeds and other funds and property <br /> pledged as provided in this Agreement, which funds are pledged as provided in this <br /> Agreement to secure payment of the Bonds. <br /> Notwithstanding any other provision of this Agreement, the parties intend <br /> that this transaction comply with the provisions of Section 160A-20. No deficiency <br /> judgment may be entered against the County in violation of Section 160A-20. <br /> No provision of this Agreement should be interpreted as creating a pledge of <br /> the County's faith and credit within the meaning of any constitutional debt <br /> limitation. No provision of this Agreement should be construed or interpreted as an <br /> illegal delegation of governmental powers or as an improper donation or lending of <br /> 16 <br />
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